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Remedy,

Non-compli

ance.

SEC. 4. Any person who shall sustain any injury by the wilful negligence or default of the said J. W. Morris, Cyrus F. Currier, Samuel Harsh, or the ferryman in their employ, may have a remedy, by an action upon the bond, required by this Act. A non-compliance with any of the provisions of this Act, shall work a forfeiture of all rights herein contained.

This Act to take effect and be in force from and after its pas

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Shall have exclusive right to keep ferry.

Shall keep boats in good repair.

CHAPTER XLIII.

FERRY AT QUINDARO.

AN ACT entitled "An Act to Incorporate a Ferry across the Missouri River, at
Quindaro."

Be it enacted by the Governor and Legislative Assembly of
the Territory of Kansas:

SECTION 1. That Otis Webb, Charles Robinson and Charles. H. Chapin, their heirs and assigns, shall have the exclusive right, for twenty-one years from and after the passage of this Act, of keeping and maintaining a public ferry across the Missouri river, with one or more landings; and no other ferry shall be established between the intersections of the west bounds of section number twenty-two, in township number ten, south, of range number twenty-four east, and the east bounds of section number twentyeight, in township number ten, south of range number twentyfive east, with the Missouri river.

SEC. 2. The said Otis Webb, Charles Robinson and Charles H. Chapin, their heirs and assigns, shall at all times keep a boat or boats in good repair, sufficient for the accommodation of passengers or teams wishing to cross said ferry, and shall give prompt and ready attention to passengers and teams, on all occasions between the rising and setting of the sun, and may charge therefor the rates hereinafter specified; but for crossing at all

other hours, may charge double [the] rates hereinafter prescribed; Provided, that they shall not be compelled to run their boat at any time when the person or persons acting as their pilot or pilots shall deem it unsafe to cross the river on account of ice, or to him or them other sufficient cause, and that they be allowed time necessary for repairs, and that in case a boat should be lost, ample time shall be given for the procuring another boat to supply the deficiency.

riage.

SEC. 3. The said Otis Webb, Charles Robinson and Charles Rates of ferH. Chapin, their heirs and assigns, shall be permitted to charge not to exceed the following rates of toll: For each passenger, ten cents; for each two horse team, loaded, one dollar and twenty-five cents; for each two horse team, without a load, one dollar; far each one horse carriage, seventy-five cents; for each additional horse, mule, ass, ox, cow or calf, fifteen cents; for every score of sheep or swine, one dollar; for every sheep or swine less than one score, ten cents each; for all freight of merchandize or lumber, not in teams, loaded and unloaded by the owner thereof, and with a detention not exceeding fifteen minutes at any landing, at the following rates: For lumber, one dollar and fifty cents per thousand feet; for all other articles, ten cents per hundred pounds.

power to hold

SEC. 4. The said Otis Webb, Charles Robinson and Charles Shall have H. Chapin, their heirs and assigns, shall have full power, in their land, &c. corporate capacity, to hold, by gift, grant or purchase, land sufficient for one or more landings, and may sell or dispose of the same, or any part thereof, or lease, rent or improve the same in such manner as they may deem proper.

filed.

SEC. 5. The said Otis Webb, Charles Robinson and Charles Bond to be H. Chapin, their heirs or assigns, shall, within five months after the passage of this Act, file, or cause to be filed, with the clerk of the [Probate] Court in the county of Leavenworth, a bond in the sum of one thousand dollars, conditioned that they will fulfil Conditions. all the conditions enjoined upon them by this Act.

This Act to take effect and be in force from and after its

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Names of corporators.

Powers of.

Exclusive right

and privilege

limits pre

scribed.

CHAPTER XLIV.

FERRY AT WYANDOTT.

AN ACT to Establish and Charter a Ferry across the Missouri River, at Wyandott.

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:

SECTION 1. That Silas Armstrong, W. Y. Roberts, S. W. Eldridge, James McGrew, James D. Chesnut, their associates and successors are, and are hereby incorporated a body politic and corporate, by the name and style of the Wyandott City Ferry Company, and by that name shall be competent to make contracts, to sue and be sued, plead and be impleaded in all matters whatsoever. Said company is authorized to have and use a common seal, alter the same at pleasure, and to make such by-laws as may be deemed necessary to the management of its affairs.

SEC. 2. That said company shall have the exclusive right and to ferry within privilege, for the period of twenty-one years from and after the passage of this Act, of repairing and maintaining a public ferry across the Missouri river at Wyandott city, and shall have the right and privilege of landing at any place on the west side of the said river, between the point where the Missouri State line leaves the same, and a point one mile above the mouth of the Kansas river, on the Missouri river, and at any point on either bank of the Kansas river, one-eighth of a mile from the mouth of the same. Said ferry shall be in operation on or before the first day of July next. Nothing herein contained shall be so construed as to infringe upon the rights of the Wyandott ferry across the Kansas river.

Shall keep safe

and good boats

SEC. 3. That said company and successors shall, at all times, in good repair. keep a safe and good boat or boats, in good repair, sufficient for the accommodation of all persons wishing to cross at said ferry, and shall give prompt and ready attendance to said passengers and teams on all occasions: Provided, that it shall be allowed a reasonable time to repair; or, in case of loss of their boat, time to procure another.

Rates of ferriage how fixed,

SEC. 4. The tribunal transacting county business for the county including the city of Wyandott, shall, from year to year, establish the rates of ferriage, a list of said rates to be constantly kept posted at the respective landings of said ferry, and said ferry shall be subject to all laws in force, or which may

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hereafter be enacted by the Legislative Assembly of this Ter

ritory.

SEC. 5. An Act entitled "An Act to establish a ferry at Wyan- Acts repealed. dott city, in the Territory of Kansas; approved February 17th,

A. D. 1857," and all other Acts, conflicting with this Act, are

hereby repealed.

This Act to take effect and be in force from and after its

passage.
[Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council.

It is hereby certified that, on the 30th January, 1858, the above bill was returned by the acting Governor, with his objection thereto, and that on the 1st day of February, A. D. 1858, the bill was passed by a two-thirds vote of the Council, the objections of the Governor to the contrary notwithstanding.

C. W. BABCOCK,
President of the Council.

Agreeably to the provisions of the Organic Act, the above bill was, on the 2d day of February, A. D. 1858, reconsidered, and passed the House by two-thirds majority, the objections of the acting Governor to the contrary notwithstanding. [Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.

CHAPTER XLV.

BAKER UNIVERSITY.

AN ACT to Incorporate the Baker University.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

porators.

SECTION 1. That L. B. Dennis, Ira Blackford, Charles H. Names of corLovejoy, Walter Oakley, N. Taylor, Homer H. Moore, James Show, Curtis Graham and William Butt, of the Kansas and Nebraska Conference of the Methodist Episcopal Church, and such other persons as shall, or may hereafter, be appointed by the Kansas Conference, or subdivisions of said Kansas Conference of the said Methodist Episcopal Church, to succeed them, be, and they are hereby created and constituted a body politic and corpo

Powers of.

estate.

rate, under the name and style of the "Trustees of the Baker University," and henceforth shall be styled and known by that name, and by that name and style, to remain and have perpetual succession, with power to sue and be sued, to plead and be imMay hold real pleaded; to acquire, hold and convey property, real, personal or mixed, in lawful ways; to have and use a common seal, and to alter the same at pleasure; to make and alter, from time to time, such by-laws as they may deem necessary for the government of said institution, its officers and servants: Provided, such bylaws are not inconsistent with the constitution of the United States and the Organic Act, and to confer on such persons as may be considered worthy of such academical or honorary degrees as are usually conferred by similar institutions.

By-laws, &c.

Proviso.

Term of office of trustees.

Quorum.

SEC. 2. That the term of office of said trustees shall be four years, but they shall hereafter, at the regular annual Conference aforesaid, in 1859, so arrange by lot, that the term of office of one-fourth of their number shall expire annually; and said board shall, in the manner above specified, have perpetual succession, and shall hold the property of said institution, solely for the purposes of education, and not a stock for the individual benefit of themselves, or any contributor to the endowment of the same. No particular religious faith shall be required by those who become students of the institution. Nine members shall constitute a quorum for the transaction of any business of the board, except the election of president, or professor, or the establishment of chairs in said institution, and the enactment of by-laws for its government, for which the presence of a majority of the board shall be necessary: Provided, that the trustees, hereafter selected, shall not exceed thirty-two in number, who shall be fairly apportioned among the respective conferences having the selection thereof, as hereinbefore provided.

Visitors to be SEC. 3. That the said annual Conference of the Methodist appointed-by whom. Episcopal Church, under whose control and patronage said University is placed, shall each also have the right to appoint, annually, two suitable persons, members of their own body, visitors to said University, who shall attend the examination of students and be entitled to participate in the deliberations of the board of trustees, and enjoy all the privileges of members of said board, except the right to vote.

Powers conferred.

SEC. 4. That the said institution shall be, and hereby is permanently located at Baldwin city, in the Territory of Kansas; and the corporators and their successors shall be competent in

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